Tuesday, July 12, 2016

Student sues Cornell for suspending him without a hearing

I have come to the conclusion that colleges--both the people who run them and work there, and the people who pay to attend them--don't know, and don't care, what due process is. At least when it comes to sexual assault claims lodged against male students. For those who care, here's the essence of it:
Although due process tolerates variances in procedure "appropriate to the nature of the case," it is nonetheless possible to identify its core goals and requirements. First, "[p]rocedural due process rules are meant to protect persons not from the deprivation, but from the mistaken or unjustified deprivation of life, liberty, or property." Thus, the required elements of due process are those that "minimize substantively unfair or mistaken deprivations" by enabling persons to contest the basis upon which a State proposes to deprive them of protected interests. The core of these requirements is notice and a hearing before an impartial tribunal. Due process may also require an opportunity for confrontation and cross-examination, and for discovery; that a decision be made based on the record, and that a party be allowed to be represented by counsel.
A student has sued Cornell claiming "the university 'presupposed his guilt' by conducting the investigation without a hearing, and claiming that investigators spoke to him 'in an accusatory and intimidating manner.'"

Where are the protests, men?